Pre-Trial Diversion Programs

Pre-Trial Diversion Programs

Robert C. Phillips
DDA (Ret.)
September, 2021

Pen. Code §§ 1001.35 (New; Effective 6/27/18) & 1001.36 (New; Effective 6/27/18; and Amended; 1/1/2019 & 1/1/2020); Diversion of Individuals with Mental Disorders:

Summary:  New Chapter 2.8A in Title 6 of Part 2 of the Penal Code, entitled “Diversion of Individuals with Mental Disorders,” was enacted (AB 1810, SB 215), and subsequently amended, to grant pre-trial diversion in either a misdemeanor or felony case if:

1. The trial court is satis ed that the defendant suffers from a speci ed mental disorder (requires this evidence to be provided by the defense and requires that it include a recent diagnosis by a quali ed mental health expert);

2. The trial court is satis ed that the mental disorder was a signi cant factor in the commission of the charged offense.

The court is permitted to review any relevant and credible evidence, including police reports, preliminary hearing transcripts, ....